DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, 8, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0368551 (BASSALOW).
Regarding claim 1, BASSALOW disclose a phantom for calibrating an imaging system, comprising:
a base comprised of a first material (Fig. 16A, [0140]);
a plurality of layers positioned on the base, each layer of the plurality of layers comprised of the first material or one or more additional materials (Fig. 16A, [0140]); and
a plug coupled to a front face of the base and the plurality of layers, the plug configured to couple to an accessory slot of a patient table of the imaging system ([0137], “phantom coupled to patient platform”).
Regarding claim 2, BASSALOW disclose the phantom of the claim 1, wherein the plurality of layers includes a first layer positioned on the base, a second layer positioned on the first layer, and a third layer positioned on the second layer [0140].
Regarding claim 3, BASSALOW disclose the phantom of claim 2, wherein the base has a first length from the front face of the base to a back of the base, wherein the first layer has the first length, wherein the second layer has a second length, equal to or shorter than the first length, and wherein the third layer has a third length, equal to or shorter than the second length [0140].
Regarding claim 4, BASSALOW disclose the phantom of claim 2, wherein the base has a first height from a bottom of the base to a top of the base (Fig. 16A), wherein the first layer has a second height (Fig. 16A), smaller than the first height, and wherein the second layer has a third height (Fig. 16A), larger than the second height (Fig. 16A, [0140]).
Regarding claim 5, BASSALOW disclose the phantom of claim 4, wherein the third layer comprises a first step and a second step, wherein the first step has the third height, and wherein the second step has a fourth height, larger than the third height (Fig. 16A, [0140]).
Regarding claim 7, BASSALOW disclose the phantom of claim 2, wherein the base and the plurality of layers form a plurality of vertical stacks each configured to intersect an X-ray beam during a calibration scan [0140].
Regarding claim 8, BASSALOW disclose the phantom of claim 7, wherein the plurality of vertical stacks includes a first vertical stack that includes the base and the first layer; a second vertical stack that includes the base, the first layer, and the second layer; a third vertical stack that includes the base, the first layer, the second layer, and a first step of the third layer; and a fourth vertical stack that includes the base, the first layer, the second layer, and a second step of the third layer (Fig. 16A, [0140]).
Regarding claim 18, BASSALOW disclose a method for calibrating an imaging system, comprising:
positioning a phantom in a bore of the imaging system by moving a table of the imaging system (Fig. 16A), the phantom coupled to the table via a plug of the phantom accommodated within an accessory slot of the table ([0137], “phantom coupled to patient platform”),
the phantom including a main body coupled to the plug, the main body including a base comprised of a first material and a plurality of layers positioned on the base, each layer of the plurality of layers comprised of the first material or one or more additional materials (Fig. 16A; and
scanning a first vertical stack of the main body, the first vertical stack including at least the base and a first layer of the plurality of layers (Fig. 16A).
Regarding claim 19, BASSALOW disclose the method of claim 18, wherein the first vertical stack includes only the base and the first layer, and further comprising scanning a second vertical stack of the main body, the second vertical stack including the base, the first layer, and a second layer of the plurality of layers, and wherein the table is moved between the scanning of the first vertical stack and the scanning of the second vertical stack [0140].
Regarding claim 20, BASSALOW disclose the method of claim 18, wherein positioning the phantom in the bore of the imaging system by moving the table comprises moving the table horizontally to position the phantom at a first scanning position for scanning the first vertical stack and moving the table vertically to position the phantom at a defined position relative to an X-ray source of the imaging system (Fig. 16A).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0368551 (BASSALOW).
Regarding claim 6, BASSALOW disclose the phantom of claim 2, but fails to explicitly teach wherein the phantom has slanted sides to form a trapezoid shape, such that a first width of the base is narrower than a second width of first layer, a third width of the second layer is wider than the second width, and a fourth width of the third layer is wider than the third width.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the shape of the phantom, since a change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.
Claim(s) 9-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0368551 (BASSALOW) in view of JP6562812 (Hitachi).
Regarding claim 9, BASSALOW disclose the phantom of claim 1, but fail to teach further comprising a first handle extending on a first side of the base and a second handle extending on a second side of the base.
Hitachi disclose a phantom comprising a first handle extending on a first side of the base and a second handle extending on a second side of the base (Fig. 3, [0042]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BASSALOW with the teaching of Hitachi. One would have been motivated to provide a handle extending from the phantom to provide user safety, control, and leverage.
Regarding claim 10, BASSALOW disclose the phantom of claim 1, but fail to teach further comprising a first arm and a second arm each extending out from the front face of the base and the plurality of layers, a fastening plate coupled to the first arm and the second arm, and a plug base coupled to the fastening plate, wherein the plug extends out from the plug base.
Hitachi disclose a phantom comprising a first arm and a second arm each extending out from the front face of the base and the plurality of layers, a fastening plate coupled to the first arm and the second arm, and a plug base coupled to the fastening plate, wherein the plug extends out from the plug base (Fig. 3, [0042]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BASSALOW with the teaching of Hitachi. One would have been motivated to provide such a connection to provide security, repeatability, and controlled connection.
Regarding claim 11, BASSALOW disclose the phantom of claim 10, further comprising a first handle extending on back of the base and a second handle extending from the first arm and the second arm (Hitachi: Fig. 3, [0042]).
Regarding claim 12, BASSALOW disclose the phantom of claim 1, further comprising a mechanical indicator configured to visually indicate a position of the phantom relative to the patient table (Hitachi: Fig. 3, [0042]).
Regarding claim 13, BASSALOW disclose a phantom system for an imaging system, comprising:
a phantom comprising:
a main body including a base comprised of a first material and a plurality of layers positioned on the base, each layer of the plurality of layers comprised of the first material or one or more additional materials (Fig. 16A, [0140]).
BASSALOW fail to explicitly teach:
a plug; and
a plug base coupled between the plug and the main body, the plug configured to couple to an accessory slot of a table of the imaging system; and
a cover configured to accommodate the phantom.
Hitachi disclose a phantom comprising:
a plug (Fig. 3, [0042]); and
a plug base coupled between the plug and the main body, the plug configured to couple to an accessory slot of a table of the imaging system (Fig. 3, [0042]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BASSALOW with the teaching of Hitachi. One would have been motivated to provide such a connection to provide security, repeatability, and controlled connection.
BASSALOW and Hitachi fail to teach a cover configured to accommodate a phantom.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cover that conforms to the phantom shape, includes an opening, and incorporates handles in order to protect the phantom and to enable safe and repeatable handling.
Regarding claim 14, BASSALOW and Hitachi disclose the phantom system of claim 13, but fails to teach wherein the cover includes integrated handles.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cover that conforms to the phantom shape, includes an opening, and incorporates handles in order to protect the phantom and to enable safe and repeatable handling.
Regarding claim 15, BASSALOW and Hitachi disclose the phantom system of claim 13, wherein the cover includes a top, a bottom, two sides, and a hollow interior accessible via a front opening.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cover that conforms to the phantom shape, includes an opening, and incorporates handles in order to protect the phantom and to enable safe and repeatable handling.
Regarding claim 16, BASSALOW and Hitachi disclose the phantom system of claim 15, wherein the hollow interior is defined by inner surfaces of the top, the bottom, and the two sides, and has a size and a shape that is complementary to a size and shape of the main body of the phantom.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cover that conforms to the phantom shape, includes an opening, and incorporates handles in order to protect the phantom and to enable safe and repeatable handling.
Regarding claim 17, BASSALOW and Hitachi disclose the phantom system of claim 16, wherein when the phantom is accommodated within the cover, the base and the plurality of layers are positioned in the hollow interior and the plug is positioned outside of the cover.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a cover that conforms to the phantom shape, includes an opening, and incorporates handles in order to protect the phantom and to enable safe and repeatable handling.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANI FOX whose telephone number is (571)272-3513. The examiner can normally be reached M-F: 9-5.
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/DANI FOX/Primary Examiner, Art Unit 2884